Schram Construction, Inc. v. Regents of University of California

Respondent The Regents of the University of California (University) awarded a general contract to respondent DPR Construction, Inc. (DPR), for the design and construction of a medical center at the University of California, San Francisco’s Mission Bay campus. On the University’s behalf, DPR solicited bids for the mechanical, plumbing, and electrical (MEP) work on the project. Subcontractors were invited to bid on six individual packages (BP1-BP6) and three alternative combination packages (BP ALT-1, 2; BP ALT-3, 5; BP ALT-4, 5). After learning which subcontractors had bid on each package, DPR and the University decided to award a contract on combination package BP ALT-1, 2, instead of BP1 and BP2 individually. Real party in interest Southland Industries (Southland) was determined to be the lowest responsible bidder on BP ALT-1, 2. Appellant Schram Construction, Inc. (SCI), which had submitted bids on BP1 and BP2, but not on BP ALT-1, 2, filed a petition for a writ of mandate challenging the award of the contract to Southland. The trial court denied SCI’s petition. SCI appeals from the trial court’s denial order, contending the University (1) violated Public Contract Code…